On August 8, 2008, PPL Energyplus filed what appears to be
the first legal action calling into question the enforceability
of an emissions allowance contract in light of the United
States Court of Appeals for the District of Columbia
Circuit's (the "D.C. Circuit ") decision vacating
the Clear Air Interstate Rule ("CAIR") in North
Carolina v. EPA (No. 05-1244). PPL is asking the U.S.
District Court for the Southern District of New York to find
that the